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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Chandra Dhari Singh,J.
Sikandar Alam – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Chandra Dhari Singh, J.
1. The instant application has been filed on behalf of applicant - Sikandar Alam, under Section 482 of B.N.S.S. seeking anticipatory bail in Case Crime No.0169 of 2024, under Sections 302, 120-B, 506, 34 I.P.C., Police Station - Shahganj, District - Jaunpur.
2. Learned counsel appearing on behalf of applicant has submitted that applicant was not named in the F.I.R., his name was disclosed in the statement of informant. It is further submitted that informant/opposite party no.2 was a reporter of Sudarshan News and R.T.I. Activist. It is further submitted that some dispute was going on between applicant and informant, therefore, he has been falsely implicated. In the statement of informant recorded under Section 161 Cr.P.C. has not disclosed the name of applicant but in subsequent statement he has taken the name of applicant first time due to ulterior motive. It is clarified that brother of informant being activist was investigating the irregularities regarding ‘Madarsa properties’ but applicant was not connected with the said ‘Madarsa’ so, there was no reason available to commit the offence by the applicant as alleged in the F.I.R. It is submitted tha
The court denied anticipatory bail due to the serious nature of the charges, the applicant's extensive criminal history, and the risk of influencing witnesses.
The court emphasized the need for a balance between individual liberty and societal interest in granting anticipatory bail, considering the nature and gravity of the accusations, the accused's antece....
The enactment of the BNSS allows for anticipatory bail applications to be considered retrospectively, removing restrictions previously imposed by Section 438(6) CrPC, thereby enabling relief for the ....
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
Anticipatory bail can be granted if the applicant demonstrates innocence and absence of criminal intent, subject to conditions ensuring cooperation with the investigation.
Anticipatory bail may be granted when the applicant is not named in the FIR, has no criminal antecedents, and is willing to cooperate with the investigation.
Anticipatory bail applications can be granted under changed circumstances, providing protection against wrongful arrest while ensuring cooperation with the investigation.
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